Bailey v. Prime Western Spelter Co.

Citations

• 83 Kan. 230
• 109 P. 791
• 1910 Kan. LEXIS 506

Syllabus

<p>1. Personal Injuries — Factory Act. In an action for injury to an employee, prosecuted under the factory act, a judgment for the plaintiff was affirmed.</p> <p>2. Negligence — Contributory. The adoption of a method not so safe as another does not necessarily constitute contributory negligence.</p> <p>3„ Parties — Capacity — Waiver. The question whether the plaintiff could maintain an action should have been raised by demurrer or by answer, and not in the brief on appeal.</p>